What Is BSA Section 74?

Bhartiya Sakshya Adhiniyam, 2023 - Section 74: Public and private documents.

(1) The following documents are public documents:—

• (a) documents forming the acts, or records of the acts—
  • (i) of the sovereign authority;
  • (ii) of official bodies and tribunals; and
  • (iii) of public officers, legislative, judicial and executive of India or of a foreign country;
• (b) public records kept in any State or Union territory of private documents.

(2) All other documents except the documents referred to in sub-section (1) are private.

Brefe Detail

This section defines the distinction between public and private documents. Public documents include acts and records of sovereign authorities, official bodies, tribunals, and public officers. All other documents not classified as public are considered private.

Question & Answers

Q: What are considered public documents according to Section 74?

A: Public documents include acts and records of the sovereign authority, official bodies and tribunals, and public officers in India or a foreign country, as well as public records kept in any State or Union territory.

Q: Are private documents defined in this section?

A: Yes, all documents that do not fall under the category of public documents as specified in sub-section (1) are classified as private.

Q: Can you provide examples of public documents?

A: Examples include legislative records, judicial orders, and official acts of government bodies.

Example

• A government bill passed by the legislative assembly is a public document.
• A court judgment issued by a tribunal is also classified as a public document.

Summary

Section 74 of the Bhartiya Sakshya Adhiniyam, 2023 differentiates between public and private documents, establishing that public documents include official acts and records from recognized authorities, while all other documents are categorized as private.